Decision record
Mark Henry David Payne
JurisdictionEngland & Wales
BodySolicitors Disciplinary Tribunal (SDT)
Professionsolicitor
Case number11908/2018
Date01/01/2018
OutcomeStrike off
Allegation / charges
Breaches, Solicitors' Accounts Rules
Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision
SanctionStrike Off
CostsGBP 12,406
Dishonesty foundYes
Mark Henry David Payne, a partner at Wiggin Osborne Fullerlove Solicitors, admitted all 11 allegations, including that his conduct was dishonest. Over a long period he misappropriated client funds for personal investment, made unauthorised inter-client loans, fabricated documents (including a letter purporting to be from another firm), and provided false valuations and information to clients and colleagues regarding non-existent AXA bonds. He reported his own misconduct. The Tribunal found dishonesty and, dealing with the matter on the papers by agreed outcome, ordered him struck off the Roll and to pay costs of £12,405.80.
Duties found breached:
- Honesty
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- No improper use of client money
Aggravating factors:
- Repeated dishonesty
- Misconduct continued over a very long period and involved concealment of wrongdoing from clients and employees
- Experienced solicitor with over 20 years' post-qualification experience
Mitigating factors:
- Reported his own misconduct to the SRA
- Full and unqualified admissions at earliest stage and full cooperation
- Suffered from depression and abnormal personality traits supported by medical evidence
- Significant personal difficulties including marriage breakdown and bereavement
- Previously unblemished record over 25 years
- Made substantial payments (over £1.5M) from his own resources to cover client bills
- Repaid the misappropriated sums with interest
Duties engaged
- Honesty
- Integrity
- No bribery or improper gifts
- Personal probity and fitness to practise
- Uphold public trust in the profession
- No unlawful discrimination or harassment
- Non-discriminatory acceptance and cab-rank
- No conflict between current clients
- No improper use of client money
- Hold a current practising certificate